January 17, 2008
NRC and DOE Don't Know Livestock

By Dave Maxwell

Dr. Mike Baughman (President, Intertech Services Corporation), told County Commissioners January 7, that the Department of Energy Environmental Impact Statement (EIS) concerning the Yucca Mountain Repository and Caliente Rail Corridor and Alignment, shows “a serious lack of understanding, even ignorance, about the livestock industry and the significance of how this project might impact that.” He also said comments received recently from the Nuclear Regulatory Commission don’t show much understanding either.

He presented to the Commissioners the last two pages of a 14-page introduction along with other parts of the comment letter that was over 100-pages in length. Comments from Lincoln County were to be submitted to the DOE by January 10. Baughman said the County could email their comments originally and then follow up with a signed copy later.

The bottom of page 13 of the introduction, he pointed out, included the statement: “The County notes that in its letter dated December 13, 2007, the Nuclear Regulatory Commission has raised many of the same issues regarding deficiencies’ in DOE’s EIS as addressed by Lincoln County herein. Lincoln County is concerned however, that NRC appears to have largely overlooked and/or does not understand the significant impacts that the proposed Caliente Rail Alignment will have on private and public property uses, particularly public land grazing….”

Pages 99-100 of the letter include summaries of other Environmental Impact Studies done by the DOE on other rail construction projects. Lincoln County has reviewed and found that migration issues dealt with in other National Environmental Policy Act (NEPA) documents or Surface Transportation Board decision documents are relevant for the Caliente project. These issues should be addressed by the DOE’s EIS also, but currently have not. Baughman said after reviewing the mitigation measures found in other documents, they are recommending the DOE address the issues mentioned for Lincoln County more adequately.

He said the intent was to, “lay before the DOE a very comprehensive suite of mitigation, because locally, they have undershot the mark with regard to mitigation in this whole EIS.” “Our comments are intended,” he stated, “to raise enough of a red flag to them (DOE) that they will realize they have to make it adequate, as required by NEPA, or they will be challenged by somebody and the document will be found to be legally deficient in the courts, and a supplement would have to be developed.”

The final EIS has to be submitted by the DOE with their license application to the Nuclear Regulatory Commission. The planned date is June 2008, but the application may have to be delayed with regard to a number of other things that have happened recently regarding Yucca Mountain.

“We are very concerned that if the DOE chooses not to make the recommended mitigations, there will be a lot of unanticipated consequences with this project to people living and working in the County,” Baughman said.

Commissioners decided to also include the following statement in the comment letter: “In the event that DOE is unwilling or unable to commit to the numerous mitigation measures identified within this comprehensive comment letter and its Exhibits, Lincoln County may seek to prevent construction and operation of the proposed Caliente Rail Alignment. Further, Lincoln County is concerned that despite DOE efforts to mitigate impacts, many unavoidable adverse impacts, both anticipated and unanticipated, may yet result. Given this, Lincoln County encourages DOE to consider transportation of spent nuclear fuel and other high-level radioactive waste by truck across existing highways as a means to avoid said unavoidable adverse impacts.”